Traveling by Uber: Are you protected?

By October 11, 2016Auto Accidents

Traveling to and from a location is now arguably easier and cheaper than before.  Although ride-sharing is not a new phenomenon as people have carpooled in the past, Uber is a unique ride-sharing trend that was propelled into mainstream use through the accessibility of phone apps.

Uber Technologies Inc. is a multinational online transportation network company that was founded in 2009. Uber allows users to obtain and pay for on-demand transportation. Uber users simply enter their location and intended destination using a GPS-enable app. An Uber driver uses their own personal car to pick up and drop off customers.

Questions over the legality of Uber and the extent of insurance coverage for Uber drivers remained largely unanswered, even in the case when a young girl passed away in an Uber motor vehicle accident.

On July 15, 2016, the City of Toronto passed regulations which state that Uber drivers must operate with a Private Transportation Company (PTC) license. In other words, operating an Uber vehicle is now legal.

As a passenger, if you’re injured as a result of an Uber trip, you can make a tort claim for general damages and pecuniary loss against third parties which include the Uber driver, Uber Canada, and Uber Technologies Inc.

Uber drivers are required to have insurance from the time they turn on their app, pick up a customer for a ride, and drop off the customer. The PTC license requires an Uber driver to have a minimum $2-million commercial liability insurance policy when carrying a passenger, which is the same level of insurance taxis have.  Uber, and its affiliated companies, also maintains an insurance policy of $5 million third-party liability coverage.

As a passenger injured in an Uber motor vehicle accident, you can further make a claim for Accident Benefits under your own policy or under the policy of the insurer of the Uber vehicle. This entitles you to medical and rehabilitation benefits, income replacement benefits, non-earner benefits, caregiver, attendant care and/or housekeeping benefits.

If you or a loved one has been injured as a result of an Uber trip, call 416-780-1413. One of our lawyers would be happy to speak with you to answer your questions and help you determine if you have a case.